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Criminal Procedure Commons™

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1995

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Institution
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Articles 61 - 90 of 130

Full-Text Articles in Criminal Procedure

Vampires Among Us, Floralynn Einesman Jan 1995

Vampires Among Us, Floralynn Einesman

Faculty Scholarship

The integrity of an individual's person is a cherished value of our society. That we today hold that the Constitution does not forbid the States minor intrusions into an individual's body under stringently limited conditions in no way indicates that it permits more substantial intrusions, or intrusions under other conditions.


Double Jeopardy Jan 1995

Double Jeopardy

Touro Law Review

No abstract provided.


Of Policy, Politics, And Parliament: The Legislative Rewriting Of The British Right To Silence, Mark Berger Jan 1995

Of Policy, Politics, And Parliament: The Legislative Rewriting Of The British Right To Silence, Mark Berger

Faculty Works

No abstract provided.


In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd Jan 1995

In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd

Kentucky Law Journal

No abstract provided.


People V. Simac: How Much Is Too Much Advocacy?, James A. Francque Jan 1995

People V. Simac: How Much Is Too Much Advocacy?, James A. Francque

Loyola University Chicago Law Journal

No abstract provided.


Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear Jan 1995

Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear

UF Law Faculty Publications

Constitutional scholars have long debated the relative merits of a conduct-based compulsory joinder rule. The dialogue has centered on the meaning of the “same offence” language of the Double Jeopardy Clause, concentrating specifically on whether it includes the factual circumstances giving rise to criminal liability or applies only to the statutory offenses charged. However, the Supreme Court, in United States v. Dixon, abandoned as “unworkable” a limited conduct-based approach it had fashioned just three years before in Grady v. Corbin.

This Article does not assess the frequency with which federal authorities prosecute joinable offenses separately. While such information ultimately is …


When Juries Meet The Press: Rethinking The Jury's Representative Function In Highly Publicized Cases, Kenneth B. Nunn Jan 1995

When Juries Meet The Press: Rethinking The Jury's Representative Function In Highly Publicized Cases, Kenneth B. Nunn

UF Law Faculty Publications

This article explores questions related to the emergence of the jury's new representative function. Section II examines traditional notions of jury representativeness by demonstrating how the jury came to be viewed as a means of providing community input into the criminal justice process. Section II also describes how a broadly representative jury can aid in fact-finding and provide legitimacy for the verdict. Finally, section II explains how a jury system, closed to public exploitation, was traditionally seen as a way to protect the jury's ability to reach independent judgments.

Section III reviews selected cases which reveal judicial recognition of the …


Psychiatric Defenses In Arkansas Criminal Trials, J. Thomas Sullivan Jan 1995

Psychiatric Defenses In Arkansas Criminal Trials, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.


Taking It To The Streets: Putting Discourse Analysis To The Service Of A Public Defender's Office, Clark D. Cunningham, Bonnie S. Mcelhinny Jan 1995

Taking It To The Streets: Putting Discourse Analysis To The Service Of A Public Defender's Office, Clark D. Cunningham, Bonnie S. Mcelhinny

Faculty Publications By Year

No abstract provided.


Grand Jury Jan 1995

Grand Jury

Touro Law Review

No abstract provided.


The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross Jan 1995

The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross

Articles

On Feb. 17, 1992, Jeffrey Dahmer was sentenced to fifteen consecutive terms of life imprisonment for killing and dismembering fifteen young men and boys. Dahmer had been arrested six months earlier, on July 22, 1991. On Jan. 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on Jan. 30. The jury heard two weeks of horrifying testimony about murder, mutilation and necrophilia; they deliberated for five hours before finding that Dahmer was sane when he committed thos crimes. After …


Sommers V. Commonwealth: An Indigent Criminal Defendant's Right To Publicly Funded Expert Assistance Other Than The Assistance Of Counsel, Karla C. Mcgrath Jan 1995

Sommers V. Commonwealth: An Indigent Criminal Defendant's Right To Publicly Funded Expert Assistance Other Than The Assistance Of Counsel, Karla C. Mcgrath

Kentucky Law Journal

No abstract provided.


The Other Dimension Of Law, Pierre Legendre Jan 1995

The Other Dimension Of Law, Pierre Legendre

Cardozo Law Review

What kind of a questioning would make it possible for psychoanalysis to become theoretically useful for jurists? How could such a questioning have an effect on the practice of law? In the same measure, is it theoretically plausible for psychoanalysts, attached as they are to their own casuistry, to interrogate the law? What must be recognized from the start, if this questioning is to be more than superficial, is that the intellectual and social dogmas of today are obstacles to the liberty of thought [esprit].


Feminism And The False Dichotomy Of Victimization And Agency, Elizabeth M. Schneider Jan 1995

Feminism And The False Dichotomy Of Victimization And Agency, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil Jan 1995

The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil

LLM Theses and Essays

Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …


Lessons From Reforming Inquisitorial Systems, William T. Pizzi Jan 1995

Lessons From Reforming Inquisitorial Systems, William T. Pizzi

Publications

No abstract provided.


Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer Jan 1995

Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer

University of Richmond Law Review

The past year has been an active one for the Virginia courts and General Assembly in the areas of criminal law and procedure. Developments include cases regarding the allowance of expert assistance to indigent criminal defendants and a defendant's right to a new trial based on after-discovered evidence. Driving under the influence [DUI] defendants are no longer entitled to their choice of a blood or breath test as a function of the implied consent law, and for felons convicted of committing an offense after December 31, 1994, parole is no longer an option. This article surveys these and other legislative …


Search & Seizure Jan 1995

Search & Seizure

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1995

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein Jan 1995

Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz Jan 1995

Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1995

Double Jeopardy

Touro Law Review

No abstract provided.


Due Process Jan 1995

Due Process

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1995

Double Jeopardy

Touro Law Review

No abstract provided.


Due Process Jan 1995

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1995

Due Process

Touro Law Review

No abstract provided.


Right To Counsel Jan 1995

Right To Counsel

Touro Law Review

No abstract provided.


Right To Cross-Examine Jan 1995

Right To Cross-Examine

Touro Law Review

No abstract provided.


Power Of Courts Jan 1995

Power Of Courts

Touro Law Review

No abstract provided.


Right To Trial By Jury Jan 1995

Right To Trial By Jury

Touro Law Review

No abstract provided.